Skip to content


Latest Cases Home > Latest Court: authority for advance rulings Page 5 of about 283 results (0.143 seconds)

Sep 11 2009 (TRI)

Pintsch Bamag Antriebs-und Verkehrstechnik Gmbh Vs. Director of Income ...

Court : Authority for Advance Rulings

Honble Chairman 1. In this application for advance ruling by a non-resident company, the ruling is sought on the following questions: i. Whether looking to the nature of activities to be carried on by the applicant, which is a German based company and non-resident as per the provisions of Section 6(3) of the Income-tax Act, 1961, the applicant can be held to have earned any income taxable in India as per the provisions of the Income-tax Act, 1961? ii. If the answer is affirmative, how the total income of the applicant as per the provisions of the Income-tax Act, 1961 should be computed? 2. The following are the facts stated in the application and the affidavit filed subsequently : The applicant is a company incorporated in Germany having its registered office in Dinslaken, Germany. Through the process of international bidding, the applicant was awarded a contract by M/s. Tuticorin Port Trust (hereinafter referred to as TPT) on 28th November, 2006. The scope of work is work design, fabr...

Tag this Judgment!

Aug 06 2009 (TRI)

M/S. Invensys Systems Inc. Vs. Director of Income-tax, (international ...

Court : Authority for Advance Rulings

Honble Chairman 1. The applicant is a Company based in United States of America which is engaged in the business of manufacture of process control instruments, engineering and research and technology based services, cooperative or consortium services etc. The applicant entered into an Agreement titled as Cost Allocation Agreement with Invensys India (P) Ltd. (for short IIPL), which is part of the Invensys Group. This Company was incorporated in India on 19/12/96. The applicant incurs expenditure in relation to the functions enumerated in Schedule I to the said Agreement for the benefit of the Group as a whole. Pursuant to the Agreement the applicant raises invoice on IIPL for the amounts worked out on the basis of the formula in the Agreement. It is stated that none of the personnel of the applicant visited nor would in the future visit India for providing the centralized assistance to IIPL. 2. On these facts stated in the application, the applicant seeks advance ruling on the followi...

Tag this Judgment!

Jul 29 2009 (TRI)

M/S Spahi Projects Private Ltd., Vs. Commissioner of Income-tax-iii Ch ...

Court : Authority for Advance Rulings

Honble Chairman 1. The applicant which is an Indian Company and is engaged in the business of manufacture and supply of industrial pesticides has filed this application for advance ruling seeking determination of the non-residents tax liability under the Income-tax Act in connection with the proposed transactions with the non-resident Company by name Zaikog Trading Co. Zaikog Trading Co. (hereafter referred to as Zaikog) is a company incorporated in the Republic of South Africa and it is in the business of promotion and distribution of various products. Zaikog has offered its services to promote and market the product known as Imida Chloprid formulation for termite control. For the services rendered by it, Zaikog will receive from the applicant a commission of 3% or a mutually agreed percentage on every completed transaction. In the application, it is broadly stated that the role of Zaikog is to communicate the details of the interested parties to the applicant who will pursue the pro...

Tag this Judgment!

Jul 23 2009 (TRI)

Fujitsu Services Limited Vs. Director of Income-tax (international Tax ...

Court : Authority for Advance Rulings

The applicant is a non-resident Company incorporated in United Kingdom. It is engaged in the business of information technology services. The applicant acquired the shares in Zensar Technologies Limited (for short Zensar), an Indian company by making payments in foreign currency between 1963 and 1994, after obtaining RBIs approval. The applicant states that the shares held by it in the said company constituted 26.55% of the entire capital of Zensar and such shares were held for more than 12 months. These shares were listed on the Bombay Stock Exchange and the National Stock Exchange. On 4th July, 2007, the applicant sold its entire shareholding to an Indian company, namely, Jubilee Investments and Industries Limited (for short Jubilee) and a Cyprus company, namely, Pedriano Investments Ltd. (for short Pedriano) for a consideration of Rs. 195/- per share. A copy of the Share Purchase Agreement dated 1.3.2007 has been annexed to the application. 2. It may be submitted at this juncture th...

Tag this Judgment!

Jun 30 2009 (TRI)

Factset Research Systems Inc. Vs. Director of Income-tax (internationa ...

Court : Authority for Advance Rulings

Honble Chairman 1. This application is filed under section 245Q(1) of the Income-tax Act, 1961 (for short the Act). The applicant (referred to hereinafter as FactSet) is a company incorporated in USA and is non-resident for the purpose of Income-tax Act. 1.1 The following facts are stated in the application and in the written submissions filed: The applicant maintains a database which is located outside India and which contains the financial and economic information including fundamental data of a large number of companies world-wise. The customers of the applicant are mostly financial intermediaries and investment banks which have the need for such data. The databases contain the published information collated, stored and displayed in an organized manner by FactSet, though the information contained in the database is available in public domain. The applicant, however, through its database enables the customer to retrieve this publicly available information within a shorter span of tim...

Tag this Judgment!

Jun 30 2009 (TRI)

Cable and Wireless Networks India Private Limited Vs. Director of Inco ...

Court : Authority for Advance Rulings

Mr. A. Sinha This application has been filed under section 245Q(1) of the Income-tax Act, 1961 (the Act) by Cable and Wireless Networks India Private Limited. The applicant is a company incorporated in India and is a part of the Cable and Wireless Groups of Companies. It is engaged in the business of providing international long distance and domestic long distance telecommunication services in India. The applicant proposes to enter into an agreement with another group company, namely M/s Cable and Wireless UK (C andW UK) with a view to providing end to end international long distance telecommunication services to its Indian customers. CandW UK is stated to be a leading international telecom company which has a well established international network. The applicant submits that the Indian customers of the applicant would want to transmit their voice/data to places outside India. Under the proposed agreement the applicant would provide the Indian leg of the service by using its own netwo...

Tag this Judgment!

Jun 17 2009 (TRI)

M/S Yongnam Engineering and Construction (Pte.) Ltd Vs. Director of In ...

Court : Authority for Advance Rulings

Honble Chairman 1. The applicant is a company incorporated under the laws of Singapore and is a tax resident of Singapore. The relevant facts stated in the application are as follows: 1.1 The Delhi International Airport Pvt. Ltd. (for short DIAL) is putting up a new Passenger Terminal Building (PTB T-3) at the Indira Gandhi Airport at Delhi. DIAL appointed M/s Larson and Toubro Ltd. (LandT) as an EPC contractor in the entire project. On 27th Feb. 2008, LandT entered into a contract with the applicant for the structural steel work of T 3 at PTB and Fore Court structural steel work. Thus, the applicant became the sub-contractor under the Agreement dated 27.2.2008. The scope of work as per this Agreement comprises of: (a) off shore supplies from outside India; (b) on shore supplies from India; and (c) design, detailing, painting and erection of the PTB and Fore Courts. Off shore supplies relate to overseas fabricated items and according to the applicant, the contract envisages supply, fa...

Tag this Judgment!

May 29 2009 (TRI)

M/S. K.T. Corporation Vs. Director of Income-tax(international Taxatio ...

Court : Authority for Advance Rulings

Mr. Rao Ranvijay Singh M/s. K.T. Corporation, Korea, has filed this application under Section 245Q(1) of the Income-tax Act (in short the Act) in the prescribed form No.34-C. The applicant is a foreign company registered in Korea. 2. The applicant states that it has opened a liaison office (in short L.O.) situated at Suite No.#311, Ashoka Hotel, Chanakyapuri, New Delhi, India, with the permission of the Reserve Bank of India (RBI) vide letter No.FE.CO.FID-10.1.05.02/6034 (Activity7)/2003-2004 dated 10th June, 2004. The L.O. has been, as stated, opened for the sole purpose of liaisoning activities i.e. to act as a communication channel, between the Head Office of the applicant and the concerned parties i.e. Indian companies, within the parameters listed out by the RBI. The application has been signed by the General Manager of the L.O., namely Mr. Siung-Yong Shin, who has, reportedly, been directed by the Head Office to obtain the ruling on behalf of the applicant. 3. Details filed alon...

Tag this Judgment!

Apr 23 2009 (TRI)

Canoro Resources Limited Vs. Director of Income-tax (internat Ional Ta ...

Court : Authority for Advance Rulings

Mr. A. Sinha M/s Canoro Resources Ltd. has filed this application under section 245Q(1) of the Income-tax Act, 1961 (the Act). The applicant is a foreign company, registered in Canada. 2. The applicant states that it is engaged in the business of exploration and production of petroleum and natural gas, mainly in Canada and India. In India, it holds participating interest in three oil blocks, namely Amguri development block, AA-ON/7 exploration block and AA-ONN-2003/2 exploration block, all of which are situated in the State of Assam. Of these three blocks, AA-ON/7 and AA-ONN-2003/2 are still in exploration stage. Only Amguri block has started producing oil and gas, commercial production in this block having started in April, 2006. 3. The applicant has entered into separate Production Sharing Contracts (PSC) with the Government of India and the concerned participating company in respect of each of the above three blocks. The applicant, the Government of India and the Assam Company Ltd. ...

Tag this Judgment!

Mar 31 2009 (TRI)

M/S.Rural Electrification Corporation Ltd. Vs. Commissioner of Income ...

Court : Authority for Advance Rulings

Mr. Rao Ranvijay Singh, J. The applicant, a Government company, has filed an application before us under section 245Q(1) of the Income Tax Act, 1961 (in short the Act) in the prescribed Form No. 34E i.e. the form prescribed for specified categories of resident applicants under section 245N(b)(ii) of the Act and has sought advance ruling in respect of the following two questions:- 1. Whether the Income-tax Authorities are justified in making/confirming the disallowance u/s 36(1)(viii) of the Income-tax Act, amounting to Rs.34,57,00,000/- as per provisions of that section as it stood at the material point of time. 2. Whether the Income-tax Authorities are justified in making/confirming the disallowance of Rs.26,50,00,00/- u/s 36(1)(viia) of the Income-tax Act pertaining to the provision for bad and doubtful debts in spite of the fact that reserve for the same has also been created. 2. The applicant, M/s. Rural Electrification Corporation Ltd. is a public sector undertaking and is engaged...

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //